Rita Devi & Anr. vs The State Of Bihar on 7 March, 2012

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Patna High Court - Orders

Rita Devi & Anr. vs The State Of Bihar on 7 March, 2012

Bench: Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.10419 of 2012
                 ======================================================
                 1. Rita Devi W/O Umesh Paswan R/O Village- Dighi Kala East, P.S- Sadar
                 Hajipur, Distt- Vaishali.
                 2. Shail Devi W/O Shiv Kr. Paswan R/O Village- Dighi Kala East, P.S-
                 Sadar Hajipur, Distt- Vaishali.                        .... .... Petitioner/s
                                                   Versus
                 1. The State Of Bihar                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mrs. Rina Sinah, Advocate
                 For the Opposite Party/s    : Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD
                 VERMA
                 ORAL ORDER

2   07-03-2012

Heard In a criminal prosecution registered under sections 302, 328 and some other allied offences under Indian Penal Code, altogether four persons including the petitioners have been arrayed in the category of accused.

It is submitted that the petitioners are women and they have been made accused in the present case due to pending land dispute/litigation. It is also submitted that admittedly the informant does not claim to be an eye witness of actual occurrence and the entire prosecution case is based on suspicion and surmises. It is further submitted that during the course of investigation the prosecution case was not supported by the independent witness and on close of investigation, the police submitted chargesheet under sections 306/34 of the Indian Penal Code. The petitioners are said to be in judicial custody since 3.11.2011.

In the facts and circumstances of the case, the above named petitioners are directed to be released on bail in connection with Sadar (Hajipur) P.S. Case No. 113 of 2011 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the Patna High Court Cr.Misc. No.10419 of 2012 (2) dt.07-03-2012 2/2 satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions that:-

(a) That one of the bailors must be a government servant or close family member or relation of the petitioners, who will file an affidavit in the court below showing their relationships with the petitioners.

(b) If the petitioners are found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned.

(c) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in persons or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Prasad Verma, J) RPS/-

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Patna High Court - Orders